How To Check If Your Tenancy Agreement Is Up-To-Date (i.e. Any Good)

I’ve always maintained that half the Tenancy Agreements available are a pile of crap, especially the freebies floating around on the web. Believe me, I’ve tried a lot of them. If they aren’t out of date, they’re poorly formatted and/or butchered by a cowboy that crafted his own make-believe clauses.

Actually READ your Tenancy Agreement

Firstly, I know for a fact that a large number of people don’t even bother reading Tenancy Agreements. This holds true for both landlord and tenant. Last week a new tenant of mine signed a contract without even reading it, he just quickly shuffled through the pages and said, “I’ve seen a hundred of these, it looks pretty straight forward”.

I wonder if he realised that NOT ALL TENANCY AGREEMENTS ARE THE SAME? Regardless, his negligence will cost him. The agreement says I’m allowed to have sex with his wife whenever I want. Even while he’s having sex with her.

Additionally, landlords have been known to stuff their Tenancy Agreements with greed related clauses, which in some cases can be enforced, and in other cases, simply can’t.

It’s always advised to read tenancy agreements entirely, so every last detail is completely digested before signing. I usually pay special attention to the following aspects of an agreement (this should apply to both landlord and tenant):

Areas I pay attention to when looking at a Tenancy Agreement

Is the Tenancy Agreement suitable?

A friend of mine once had a “live-in” landlord, but the Tenancy Agreement had clauses regarding the Landlord’s right of entry. Obviously the landlord had a right of entry since she was “live-in”.

The Tenancy Agreement should have been specifically for a live in landlord. Instead, the landlord clearly just printed off any old Tenancy Agreement from online and used it.

A more common scenario of using an incorrect Tenancy Agreements is when the property is furnished, but the tenancy agreement is for an unfurnished property.

Ensure the Tenancy Agreement is actually the correct type for the property and circumstances if you actually want it to be used for its intended creation.

Is the Tenancy Agreement up-to-date?

Unfortunately there are a lot of vintage Tenancy Agreements floating around, so you need to be careful before you download the first “free” copy you come across online.

I’ve even seen letting agents use versions that are more than a decade old. Worrying. But not surprising.

I always look out for mention of the Tenancy Deposit Scheme. The Tenancy Deposit Scheme was introduced in 2007, so if there’s no mention of it in the contract, you know it’s NOT suitable for this decade.

Even more recently, GDPR came into effect on the 25th May 2018, and it applies to ALL landlords. What this means for letting agents and landlords is that all the documents/forms – which obviously includes a tenancy agreement – used to gather personal information from tenants should contain a privacy policy, clearly explaining ‘why’, ‘how’ and ‘for how long’ their information is controlled and processed.

Is the Tenancy Agreement easy to understand?

For a Tenancy Agreement to be deemed fair it must meet the requirements as set out by the Regulations, which means the following must be adhered to:

The terms in the contract must be in plain language which is clear and easy to understand

The terms of the contract must be regarded as fair in terms of a fairness test

The parties to the contract must have concluded the agreement in good faith.

Ensure the contract is easy to understand, so you’re not lost in any technical jargon.

Who is responsible for paying the bills?

Pay special attention to who is responsible for paying the bills- this should be stated in the Tenancy Agreement. This should include utility bills (gas, electricity and water) and also council tax.

Who is responsible for repairs and maintenance?

This is pretty self-explanatory. Check for any terms that stipulate who is responsible for repairs and maintenance.

Terms which stipulate that the Tenant is to pay for repairs which the Landlord is legally required to repair cannot be enforced by the Landlord, but it’s worth checking if clauses of that nature exist.

Standard details

All good Tenancy Agreements should contain the following information, all of which are considered pretty standard:

Dates: The date on which the agreement was made.

Landlord Details: The name and address details of the Landlord(s).

Tenant Details: The name and address details of the Tenant(s).

Property Details: The address details of the property being rented.

Term: The start and end date of the tenancy. This is usually referred to as the “fixed term”

Rent: This should include the amount of rent to be paid, the method and the date of payment.

Deposit: This should include the amount of the deposit to be paid (if applicable), and what the deposit will cover.

Depsoit Scheme: This should contain the Tenancy Deposit Scheme the deposit is secured in.

Landlord’s Obligations: This should include the responsibilities of the Landlord.

Tenant’s Obligations: This should include the responsibilities of the Tenant.

Other Special Provisions: This should include any other special provisions agreed upon between the parties, such as pets, smoking, sub-letting etc.

Signatures: Both the Landlord(s) and the Tenant(s) need to sign both Tenancy Agreements (the landlord’s and tenant’s copy).

Does the Tenancy Agreement require witnesses?

Although It is not legally required to have witnesses signing the Agreement, it is useful in cases where the signatures are disputed by either of the parties.

In my opinion, a Tenancy Agreement without a space for witnesses fails to be a complete agreement.

Areas to be careful of when looking at a Tenancy Agreement

Rent increase

Check for any clauses regarding the right to increase rent. From my experience, most Tenancy Agreements don’t allow rent increases until after the termination date of the tenancy. However, there are some Tenancy Agreements that allow the landlord to have a “rent increase review” midway through the tenancy. Something to keep an eye out for.

Are there any break clauses?

Look out for any break clauses. A break clause in a lease gives the tenant rights to terminate the agreement before the fixed term runs out. If a break clause exists, there are usually conditions on how to terminate the lease e.g. notice period.

It’s important to be aware of any break clauses so you’re not completely surprised if the tenant or landlord wants to terminate the agreement early.

Statutory rights

Every clause in a Tenancy Agreement MUST be “fair” otherwise the landlord could fall foul of the Unfair Contract Terms legislation.

Both landlords and tenants have statutory rights which cannot be overwritten in a Tenancy Agreement. Clauses put into a Tenancy Agreement which conflict with statutory rights will be invalid.

For example, be careful of Tenancy Agreements which state that the Landlord and/or Tenant is required to give 4 months notice before terminating a tenancy. That is not true. If the agreement is for a fixed term, a tenant has the right to leave on the last day of the fixed term without giving any notice. If they stay even one day over the fixed term, they will automatically become a periodic tenant and will have to give proper notice unless the landlord agrees to them leaving.

If you notice any terms in the contract which seem unfair, they probably are. In this case, I would advise seeking free legal advice from Citizens Advice to ensure everything is legit.

Any other suggestions?

Does anyone look at any other specific details in a Tenancy Agreement, or have any additional advice?

Disclaimer: I'm just a simple landlord blogger, I am not qualified to give legal or financial advice. Any advice I give is my opinion based on my experience, and is never legal or professional advice. You should always get professional advice on any legal and financial matters!

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10 Comments- Join The Conversation...

property lady9th November, 2010 @ 09:02

Great site with loads of useful articles. This is a really comprehensive guide.

My husband used to be a lettings agent and we weren't aware of all the intricacies until he he was working as a lettings agent. However, these contracts only hold to a certain degree, if they break the law, it is the law that overrides the contract. For example, if the tenancy agreement says that the landlord only needs to give 12 hours notice to enter the property it will be overrided by the law which requires 24 hours notice.

In other words, just because it is written in the contract doesn't mean you are bound to it, because what is in the tenancy agree may be illegal.

1

Jack Greenwood29th July, 2011 @ 08:32

Whenever I read articles here, I get something new and worth reading. In case of a Tenancy Agreement I was oblivious that these many clauses need to be seen, while I am simply renting an accommodations. Frankly I did never feel the need to look so deeply into the agreement; maybe I was lucky to have landlords which were Samaritans. But I can’t possibly be lucky all the time, therefore I will make it a point to stick to the norms mentioned above.

http://www.homes-one.com/

2

mishap13rd April, 2012 @ 12:46

Hi I'm new to being a land lord/lady? I dont even know the correct term for my female status (not bothered really) I have let out my family home because the husband went years ago and the kids have flown the nest so there was only me and I couldn't afford to live there anymore, but I'm very excited about the prospect of buying another buy to let property and doing it up with my fella. I am reading as much information as I can at the moment so I dont make any costly mistakes. I have done everything the correct way energy report safety checks landlords ins sorting out the rent gaurantee ins at the moment. but just realised I paid over the odds to advertise my property with right move, I need to be more clued up. does anyone have advise about gas and central heating breakdown insurance?? is it my responsibility? paying £50 a month at the moment because I had the electric and gas safety checks added on. also have a £50 excess if a call out is required.

3

Charlie26th November, 2014 @ 19:52

I have new tenants moving into a house I rent out. the tenancy agreement is in the mother and daughters name but the 18 year old grandson is also moving in. Does he need to be named on the tenancy agreement? Would he have any rights to stay if the other 2 moved out?
Just don't want any problems on my hands further down the line because something was overlooked.

4

Gareth8th January, 2016 @ 08:41

My landlord took the contract away and then had his office assistant sign as the witness but she wasn't there when I signed my piece. Has he done something wrong and does the void the contract.
Please help as I'm having major issues with him.

5

amybentley8th January, 2017 @ 12:05

My tennancy agreement is over 20 years old,is it still legal?

6

liz12th August, 2017 @ 19:48

Hi i must say this is a really fantastic website with extremely useful information. Thanks for all you always put here and sharing knowledge and useful tips. Have you covered leasehold agreement and any clause in this agreement which may need to be added to the AST. Does the AST agreement drafted by the solicitor cover this? If not can you see how this can be included in the AST, or would the preference be for the landlord to also attach the Lease agreement with the tenancy agreement.

7

lorna18th September, 2017 @ 09:12

Really great website, I'm having a nightmare, I paid six months rent up front but because of repairs outstanding for 5 months I want to leave when six months are up, my bathroom floor is rotten and about to collapse,I have mould and domicile cup fungus growing in my bathroom, I have involved environmental health, now my agent/ landlord wants to charge me re letting fees and pay the outstanding six months left, I can't live in my property whilst work is being carried out, which has to start on 1st of November, when I first complained my landlord was happy to let me go at six months. Now that has all changed.seems they want to stitch me up financially for every thing. Really not fair.

8

demonica26th April, 2018 @ 08:29

Hi there,

I am currently helping out my partner who is renting from a private landlord. The landlord has not put the deposit into the deposit scheme, hasn't carried out any repairs, no gas certificate either. I had started looking into the tenancy agreement, the landlord has put her address as the same one that she is renting out,so this would mean that she is living at the same address as my partner, which she isn't, and had also put her old shop as an address which no longer exists as she had sold it. Does this mean that the tenancy agreement is invalid?

9

Brian21st May, 2019 @ 13:35

Hi i am renting a room from a private landlord, it is classed as a HMO and i believe he has got a Licence to run a HMO, most tenants in the house are on a weekly or monthly rental agreement, he takes no deposit, and i can leave at any time and are not tied into any long term contract, all he asks is if we on a calendar monthly agreement until further notice, we give him 1 month notice, he looks after the property and tenants are happy with there living arrangements, is this all legal and above board, he does offer tenants an AST if they want for 6 or 12 months and then he does want a deposit that he will put in a scheme, so we have got a choice, what do you think is best. many thanks Brian

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